LEGAL REGULATION OF THE RENTAL AGREEMENT

Abstract

The article examines theoretical aspects, normative regulation and the practice of applying legal norms regarding the rental agreement. It should be noted that the rental agreement belongs to the group of agreements aimed at the transfer of property for temporary use and is a type of property rental agreement. In addition, the subject, legal characteristics of the contract, features of the rental contract were considered, and the procedure for concluding the contract was analyzed. The authors note that the subject of the rental contract can be used for production purposes, if this is established by the contract. It should be noted that the allocation of a rental agreement into a special type is determined by the specifics related to the purpose of its conclusion, subject composition, subject matter, content and responsibility of the parties. The analysis of the legislation provides grounds for asserting that the rental agreement refers to both public and affiliation agreements. It is worth noting that court practice today assumes that the lessor has the right to withdraw from the contract after the payment of the fee for the use of the property for the third month has arrived. The lessor has the right to withdraw from the contract in such a case, regardless of whether the lessee pays the usage fee in the future or not. It is emphasized that the rental contract can be concluded both verbally and in writing, and the will to conclude the contract can be expressed in electronic form. The authors claim that when concluding contracts by joining, one party formulates the conditions, and the other can only join the offer made. That is, in contrast to the generally accepted situation, the offeror in accession contracts can only be the party that defines its conditions in forms or other standard forms and offers them for accession. Therefore, an offer to conclude a rental agreement can be made verbally, in writing or electronically. Attention is focused on the fact that the rental contract belongs to the group of contracts aimed at the transfer of property for temporary use and is a type of property rental contract.